(영문) 의정부지방법원고양지원 2014.12.11 2013가단46996



1. The reservation for the sale and purchase of real estate on October 5, 2012 between the defendant and B shall be revoked.



1. Basic facts

A. On February 1, 2006, B entered into a contract with the Plaintiff for the parking lot of 2,940 square meters and its ground facilities located in C and D during the period of contract from March 15, 2006 to December 31, 2006, and the contract amount (B’s annual payment to the Plaintiff) as KRW 79,327,000, respectively.

B. B did not pay part of the contract amount, and occupied and used the said parking lot until March 5, 2008 even after the contract term expires.

C. When the Plaintiff was occupied by March 5, 2008 without receiving the contract amount from B as above, and was occupied by March 5, 2008, the Plaintiff filed a claim against B for return of the contract amount unpaid by the Seoul Central District Court 2012Gahap35496 and unjust enrichment due to the use of the above parking lot, and on February 20, 2013, B was sentenced that “The Plaintiff shall pay 5% per annum from September 29, 2012 to February 20, 2013; and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

(hereinafter) The Plaintiff’s claim against B, which became final and conclusive by the above judgment, is D.

On the other hand, on October 5, 2012, B entered into a promise to sell and purchase real estate (hereinafter “instant promise”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”), and on the same day, B completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on October 5, 2012 by the Government Registry of the Jung-gu District Court with regard to the instant real estate (hereinafter “instant provisional registration”).

E. B around October 5, 2012, in addition to the instant real estate (the real estate located in the same Dong as the instant real estate was transacteded in KRW 50,00,000 on January 1, 2012), around October 5, 2012, B owns a field of 119 square meters (65,90 square meters x 119 square meters x 7,842,100 square meters x 119 square meters x 7,842,100, hereinafter referred to as “heat-gun land”).